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Denying a First-Party Property Claim In New York Because Of Arson: What Clear and Convincing Evidence Means
2 May 2014, 2:10 pm
The Plaintiff in Maier v Allstate, supra, owned a home in the Town of Sand Lake in Rensselaer County, in upstate New York. [read post]
New York Business Lawyer Blog - http://www.newyorkbusinesslawyerblog.com/
The exhaustion of administrative remedies is a prerequisite to initiating a judicial challenge to a final administrative decision
8 Dec 2020, 4:00 am by Public Employment Law Press
It need not be followed, for example, when an agency's action is challenged as either unconstitutional or wholly beyond its grant of power, or when resort to an administrative remedy would be futile or when its pursuit would cause irreparable injury" citing see Town of Oyster Bay v Kirkland, 81 AD3d 812. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Parental Relocation in Wisconsin: When Can a Parent Move with a Child?
4 May 2023, 6:28 am
  Sources: https://docs.legis.wisconsin.gov/statutes/statutes/767/V/481 https://docs.legis.wisconsin.gov/statutes/statutes/767/v/41/5Read More [read post]
John T. Fields & Associates, LLC Blog - https://www.johntfieldsdivorceattorney.com/blog
8th Circuit Embraces Originalism In Upholding "In God We Trust" on Currency
29 Aug 2018, 4:00 am by Howard Friedman
Judge Gruender, writing for himself and Judge Beam, takes the position that the Supreme Court's decision in Town ofGreece v. [read post]
Religion Clause - http://religionclause.blogspot.com/
These guys better call Saul
10 Oct 2018, 6:49 am by Second Circuit Civil Rights Blog
The police can conduct an investigative stop under Terry v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
EFF To North Carolina Supreme Court: Overbroad Anti-Bullying Statute Violates the First Amendment
23 Sep 2015, 11:17 am by Jamie Williams
Town of Gilbert. [read post]
Deeplinks Blog - https://www.eff.org/deeplinks
The gadfly has no case
17 Mar 2016, 8:11 am by Second Circuit Civil Rights Blog
But the case is dismissed.The case is Bartels v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Documents containing information used to evaluate the performance of specified public employees are not subject to disclosure pursuant to a Freedom of Information request
24 Jan 2019, 4:00 am by Public Employment Law Press
Further, said the Appellate Division, the records, which contain factual details regarding misconduct allegations and punishments imposed on officers, could contain "material ripe for degrading, embarrassing, harassing or impeaching the integrity of [the] officer[s]," citing New York Civil Liberties Union v New York City Police Department, 2018 NY Slip Op 0842. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Constitutional claim against school district fails under Monell
7 Feb 2023, 5:59 am by Second Circuit Civil Rights Blog
The Supreme Court said in Garcetti v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
State anti-discrimination law does not conflict with National Labor Relations Act
8 Aug 2017, 6:15 am by Second Circuit Civil Rights Blog
P’ship v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
A decision issued pursuant to a compulsory arbitration proceeding must have evidentiary support, cannot be arbitrary and capricious and meet the requirements of administrative due process
25 Oct 2017, 4:00 am by The Public Employment Law Press
" ** Pell v Board of Education. of Union Free School District. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Imposing a reasonable disciplinary penalty under the circumstances
4 Apr 2022, 5:00 am by Public Employment Law Press
" Quoting Matter of Pell v Board of Educ. of Union Free School Dist. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Trump’s Blocking People From His Twitter Account Violates the First Amendment, EFF Tells Court
6 Nov 2017, 12:37 pm by karen
” For the brief:https://www.eff.org/document/knight-first-amendment-institute-v-trump For information about the lawsuit:https://knightcolumbia.org/content/knight-institute-v-trump-lawsuit-challenging-president-trumps-blocking-critics-twitter Contact:  DavidGreeneCivil Liberties Directordavidg@eff.org [read post]
Deeplinks Blog - https://www.eff.org/deeplinks
Determining the jurisdiction where an individual alleged to have stolen funds from a New York Emergency Medical Squad may be tried for the alleged theft
7 Apr 2021, 4:00 am by Public Employment Law Press
* A writ of prohibition is a written order by a higher court to a lower court typically forbidding the lower court from taking further action in a case then pending before it. ** See §20.10(4) of the Criminal Procedures Law.*** Described by the Appellate Division as "a nongovernmental entity serving one town within Warren County". [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
First Amendment/commercial speech conference in NYC, June 13
18 May 2016, 11:06 am by Rebecca Tushnet
 IMS Health, Inc. and Reed v. [read post]
43(B)log - http://tushnet.blogspot.com/
Judicial review of student disciplinary action taken by a private college or university is limited to whether the institution substantially complied with its own rules
26 Mar 2019, 4:00 am by Public Employment Law Press
"Citing Pell v Board of Educ. of Union Free School Dist. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Judicial review of student disciplinary action taken by a private college or university is limited to whether the institution substantially complied with its own rules
26 Mar 2019, 4:00 am by Public Employment Law Press
"Citing Pell v Board of Educ. of Union Free School Dist. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Deciding an action seeking to reinstate the Petitioner/Plaintiff's decedent to his position
12 Nov 2021, 4:00 am by Public Employment Law Press
"However, this broad discretion is not 'unlimited'" (Matter of Lake v Town of Southold, 189 AD3d 1588, 1591, quoting Matter of Maynard v Monaghan, 284 App Div 280, 283). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where a clear explanation of proposed rules and its requirements are provided by the adopting public entity, the entity's provided a full rationale for adopting the rule is not required at the time of its promulgation if the record reveals that the rule had a rational basis
1 Jul 2022, 9:01 pm by Public Employment Law Press
Conservation, 159 AD3d 1493, 1498 [4th Dept 2018]; Matter of Chenkin v New York City Council, 72 AD3d 548, 549 [1st Dept 2010], lv denied 16 NY3d 703 [2011]; Matter of Specht v Town of Cornwall, 13 AD3d 380, 381 [2d Dept 2004]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Deciding an action seeking to reinstate the Petitioner/Plaintiff's decedent to his position
12 Nov 2021, 4:00 am by Public Employment Law Press
"However, this broad discretion is not 'unlimited'" (Matter of Lake v Town of Southold, 189 AD3d 1588, 1591, quoting Matter of Maynard v Monaghan, 284 App Div 280, 283). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/